Scribd
Upload
146 views3 pages

Vice-Governor, Mayor, and Vice-Mayor. - If A Permanent Vacancy

The document outlines provisions for filling vacancies in local elective offices. It discusses that the vice governor/mayor becomes governor/mayor if those positions become permanently vacant. It also describes how the highest ranking sanggunian member would fill vacancies in governor/mayor and other positions. The document also addresses temporary vacancies and the process for filling permanent sanggunian vacancies. It concludes by listing grounds for disciplinary actions against elective local officials.

Uploaded by

Jan Kenrick Sagum
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
146 views3 pages

Vice-Governor, Mayor, and Vice-Mayor. - If A Permanent Vacancy

The document outlines provisions for filling vacancies in local elective offices. It discusses that the vice governor/mayor becomes governor/mayor if those positions become permanently vacant. It also describes how the highest ranking sanggunian member would fill vacancies in governor/mayor and other positions. The document also addresses temporary vacancies and the process for filling permanent sanggunian vacancies. It concludes by listing grounds for disciplinary actions against elective local officials.

Uploaded by

Jan Kenrick Sagum
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

CHAPTER II

Vacancies and Succession

Section 44. Permanent Vacancies in the Offices of the Governor,


Vice-Governor, Mayor, and Vice-Mayor. - If a permanent vacancy
occurs in the office of the governor or mayor, the vice-governor or vice-
mayor concerned shall become the governor or mayor. If a permanent
vacancy occurs in the offices of the governor, vice-governor, mayor, or
vice-mayor, the highest ranking sanggunian member or, in case of his
permanent inability, the second highest ranking sanggunian member,
shall become the governor, vice-governor, mayor or vice-mayor, as the
case may be. Subsequent vacancies in the said office shall be filled
automatically by the other sanggunian members according to their
ranking as defined herein.

(b) If a permanent vacancy occurs in the office of the punong


barangay, the highest ranking sanggunian barangay member or, in
case of his permanent inability, the second highest ranking
sanggunian member, shall become the punong barangay.

(c) A tie between or among the highest ranking sanggunian


members shall be resolved by the drawing of lots.

(d) The successors as defined herein shall serve only the unexpired
terms of their predecessors.

For purposes of this Chapter, a permanent vacancy arises when an


elective local official fills a higher vacant office, refuses to assume
office, fails to qualify, dies, is removed from office, voluntarily
resigns, or is otherwise permanently incapacitated to discharge the
functions of his office.

For purposes of succession as provided in the Chapter, ranking in the


sanggunian shall be determined on the basis of the proportion of votes
obtained by each winning candidate to the total number of registered
voters in each district in the immediately preceding local election.

Section 45. Permanent Vacancies in the Sanggunian. -

(a) Permanent vacancies in the sanggunian where automatic


succession provided above do not apply shall be filled by
appointment in the following manner:

(1) The President, through the Executive Secretary, in the


case of the sangguniang panlalawigan and the sangguniang
panlungsod of highly urbanized cities and independent
component cities;

(2) The governor, in the case of the sangguniang panlungsod


of component cities and the sangguniang bayan;
(3) The city or municipal mayor, in the case of sangguniang
barangay, upon recommendation of the sangguniang
barangay concerned.

(b) Except for the sangguniang barangay, only the nominee of the
political party under which the sanggunian member concerned had
been elected and whose elevation to the position next higher in
rank created the last vacancy in the sanggunian shall be appointed
in the manner hereinabove provided. The appointee shall come
from the same political party as that of the sanggunian member
who caused the vacancy and shall serve the unexpired term of the
vacant office. In the appointment herein mentioned, a nomination
and a certificate of membership of the appointee from the highest
official of the political party concerned are conditions sine qua non,
and any appointment without such nomination and certification
shall be null and void ab initio and shall be a ground for
administrative action against the official responsible therefore.

(c) In case or permanent vacancy is caused by a sanggunian


member who does not belong to any political party, the local chief
executive shall, upon recommendation of the sanggunian
concerned, appoint a qualified person to fill the vacancy.

(d) In case of vacancy in the representation of the youth and the


barangay in the sanggunian, said vacancy shall be filled
automatically by the official next in rank of the organization
concerned.

Section 46. Temporary Vacancy in the Office of the Local Chief


Executive. -

(a) When the governor, city or municipal mayor, or punong


barangay is temporarily incapacitated to perform his duties for
physical or legal reasons such as, but not limited to, leave of
absence, travel abroad, and suspension from office, the vice-
governor, city or municipal vice-mayor, or the highest ranking
sangguniang barangay member shall automatically exercise the
powers and perform the duties and functions of the local chief
executive concerned, except the power to appoint, suspend, or
dismiss employees which can only be exercised if the period of
temporary incapacity exceeds thirty (30) working days.

(b) Said temporary incapacity shall terminate upon submission to


the appropriate sanggunian of a written declaration by the local
chief executive concerned that he has reported back to office. In
cases where the temporary incapacity is due to legal causes, the
local chief executive concerned shall also submit necessary
documents showing that said legal causes no longer exist.

(c) When the incumbent local chief executive is traveling within the
country but outside his territorial jurisdiction for a period not
exceeding three (3) consecutive days, he may designate in writing
the officer-in-charge of the said office. Such authorization shall
specify the powers and functions that the local official concerned
shall exercise in the absence of the local chief executive except the
power to appoint, suspend, or dismiss employees.

(d) In the event, however, that the local chief executive concerned
fails or refuses to issue such authorization, the vice-governor, the
city or municipal vice-mayor, or the highest ranking sangguniang
barangay member, as the case may be, shall have the right to
assume the powers, duties, and functions of the said office on the
fourth (4th) day of absence of the said local chief executive, subject
to the limitations provided in subsection (c) hereof.

(e) Except as provided above, the local chief executive shall in no


case authorize any local official to assume the powers, duties, and
functions of the office, other than the vice-governor, the city or
municipal vice-mayor, or the highest ranking sangguniang
barangay member, as the case may be.

CHAPTER IV
Disciplinary Actions

Section 60. Grounds for Disciplinary Actions. - An elective local


official may be disciplined, suspended, or removed from office on any of
the following grounds:

(a) Disloyalty to the Republic of the Philippines;

(b) Culpable violation of the Constitution;

(c) Dishonesty, oppression, misconduct in office, gross negligence,


or dereliction of duty;

(d) Commission of any offense involving moral turpitude or an


offense punishable by at least prision mayor;

(e) Abuse of authority;

(f) Unauthorized absence for fifteen (15) consecutive working days,


except in the case of members of the sangguniang panlalawigan,
sangguniang panlungsod, sangguniang bayan, and sangguniang
barangay;

(g) Application for, or acquisition of, foreign citizenship or residence


or the status of an immigrant of another country; and

(h) Such other grounds as may be provided in this Code and other
laws.

An elective local official may be removed from office on the grounds


enumerated above by order of the proper court.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy